March 27, 2023


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Poland allows less?  Surprising theses in a German daily

Poland allows less? Surprising theses in a German daily

Can the Polish Constitutional Court not rule on the primacy of the Constitution of the Republic of Poland in the domestic legal system, despite similar provisions in the West? This conclusion can be drawn from the text published in the “Frankfurter Allgemeine Zeitung”.

The absolute precedence of European law was not in dispute in the European Union, but the Polish Constitutional Court for the first time generally questioned this principle.

– A German daily newspaper, which claims that the Constitutional Court ruling is “incomparable” with rulings from other EU countries.

Germany allowed more?

Although the Dutch constitution establishes the primacy of the national legal system, the Federal Constitutional Court in its ruling on the Treaty of Lisbon referred to the “essential and untouchable element of the constitutional identity”, according to the expert referring to his opinion “FAZ”, there is no analogy for the situation in Poland.

If you now come with the preamble to the Polish constitution and say that the sovereignty of Poland belongs to the essence of the constitution, and constitutional identity, it will not work

– says Franz Mayer, lawyer specializing in European law.

It should be something more specific

– He adds.

How do you explain the CJEU’s criticism of the German Federal Constitutional Court’s implementation of the European Central Bank? It turns out that in this case, too, the Germans believed that they could afford more.

“No one questions the primacy of European law in principle, and the ECB ruling was an absolute exception,” the former head of the German court, Andreas Voskoll, told FAZ.

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Other countries, Poland can not?

What about the sentences against CJEU in the Czech Republic, Denmark and France?

All of these judgments were, however, exceptions, in part only individual questions of interpretation. In turn, the Polish Constitutional Court has generally rejected the primacy of European law

– We read in the “Frankfurter Allgemeine Zeitung”.

It is hard to believe that the thesis put forward by the German daily is compelling. Why should other countries’ jurisprudence be a justified exception, and why should a Constitutional Court ruling be viewed as inconsistent with EU law?

Jah /